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Holiday rental agreements or short-term tourist accommodation leases are legally binding contracts between two parties: the owner and the tenant . The owner makes the use and enjoyment of a property available to the tenant, while the tenant occupies the property for a short period of time, using it for vacation purposes such as rest, leisure, tourism, or other uses, in exchange for rent.
The need for a tourist or vacation rental agreement lies in the fact that it is the only way to validate and legalize an agreement between two parties, ensuring it is recorded, written, and signed. Furthermore, the tourist rental agreement outlines the rules of the property, as well as the consequences of breaching them. In cities where a tourist tax is levied, the amount will be specified in the tourist rental agreement .
By signing a holiday rental agreement, both parties are protected against any type of disagreement. In the event of a conflict between them, the holiday rental agreement will serve as proof that the other party has signed a document outlining certain conditions, which may tip the scales in favor of one party or the other.
The contract must stipulate that the information provided when completing the guest registration form must be forwarded to the authorities. With the Check-in Scan , the owner can automatically check in guests without paperwork and send the data to the authorities at the time of check-in. The tool also offers the option of creating customized rental agreements.
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A holiday rental agreement formalizes a contract between two parties, defining the rights and obligations of both the host and the guest . In the event of disputes, it serves as a legally binding instrument for resolving any issues.
Broadly speaking, the types of housing rentals in Spain can be summarized in 2 types:
In Spain, for a tourist rental agreement to be valid and binding, it must meet certain legal requirements. The elements that must be included in this type of agreement are the following:
The landlord (owner or property manager) and the tenant (guest) must be clearly identified. The relevant identification details for each party must also be specified: full name, national identity card number, telephone number, address, and email address.
It is essential to provide a detailed description of the rental property, including its address, features, inventory, and condition.
We recommend attaching an inventory sheet to the vacation rental agreement, listing all the property's furnishings and equipment.
The contract duration must be specified, indicating the start and end dates of the stay. Many owners add a minimum stay requirement to the contract to ensure that the efforts made to prepare the accommodation for one or more guests will be worthwhile for a minimum period.
The total rental amount, any additional fees (e.g., cleaning or utilities, VAT, tourist tax), and payment terms, including deadlines and accepted methods, must be specified.
If a security deposit is required, the contract must specify the amount, refund terms, and reasons for its retention.
Every contract must specify which payment methods are accepted upon arrival and departure. This should also be explicitly stated in the vacation rental agreement.
We recommend sticking to card payments or bank transfers, in addition to bookings made through websites or online travel agencies (OTAs).
A holiday rental agreement must always specify the maximum number of guests allowed in the property. If any problems arise and the number of guests exceeds the capacity indicated on the occupancy permit , you could face legal issues.
Specify check-in and check-out times in the holiday rental agreement. This is usually done to establish a reasonable time frame for guests to arrive and depart.
It is necessary to detail the obligations of the landlord and the tenant, such as the maintenance of the property, respect for the rules of coexistence, and the proper use of the property.
The vacation rental agreement must include cancellation policies, specifying deadlines and any applicable penalties if either party wishes to cancel the contract before its expiration. It should also outline the conditions under which a refund will be issued and how the refund will be processed.
The contract must outline the tenant's responsibilities regarding damages and must mention whether the landlord has obtained all the necessary authorizations to rent the property for tourist purposes.
It is common to include a clause stating that the contract is governed by the relevant legislation and specifying the competent court in case of disputes.
Including these elements in the contract protects the interests of both parties.
In Spain, a holiday rental agreement between host or owner and guest is not mandatory, except in Andalusia and the Canary Islands, where it is. This legal variation stems from the fact that holiday rentals are governed by Law 29/1994, also known as the LAU (Urban Leases Law). Each autonomous community or municipality has the power to establish its own regulations, some of which require a holiday rental agreement between host and guest.
We always recommend establishing any legal relationship with the property's tenant to ensure both the guest or tenant and the host or owner are bound by a series of rights and obligations.
